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A Domestic Violence Order Can Protect You

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Domestic violence is when a close relative or someone you have (or had) an intimate relationship with hurts you. That person may have hurt you physically or sexually. Or that person may have threatened to hurt you or made you feel afraid that you would be hurt. Domestic violence is against the law.

For example, it is against the law for that person to:

Hit, push, shove, choke, grab or hurt you in some other way,

Abuse you sexually, like making you have sex, or do sex acts you do not want to do,

Frighten you by punching a wall, breaking furniture, or other things that scare you, or

A domestic violence order (DVO, for short) is a court order that can order the abuser to stay away from you or to not contact you. It shows the abuser that you and the court are serious about making him/her stop the abusive behavior.

A DVO can set rules that help put order and control back into your life. This can help you get control over your life, which you may have lost by the abuse. If your children have seen or heard the domestic violence, a DVO may give all of you a chance to get some help.

If you want to continue to have contact with the abuser, but without the violence, you can ask for a DVO that says all contact must be non-violent.

In most cases, you can get a temporary order right away. The temporary order is called an Emergency Protective Order (EPO, for short). It will last until your court hearing. Your court hearing will take place in about 2 weeks.

The emergency protective order (EPO, for short) lists the time, date, and location of the DVO hearing. That's when the court will listen to both sides and make orders. Both of you must go to the hearing.

The EPO can also:

Order the abuser to not be violent, to stay away from you, to not call or contact you,

No. Most people who ask for a domestic violence order do not have lawyers. To ask for a DVO, you must fill out a court form, called a Petition. You are the Petitioner (the person filing the Petition). The person you want to be protected from is the Respondent.

The Petition will ask you to describe what happened. Print neatly or type. Fill out the form as completely and correctly as possible, using legal names.

Tell the truth, and explain what happened most recently to make you afraid for yourself or your children. You can use these questions to guide you:

Give it to the clerk at the courthouse. The clerk will ask you to swear that what you put on your Petition is true. Then she will give it to a judge to read.

If the judge believes that you or your children are in danger, s/he will give you an Emergency Protective Order (EPO) right away.

If the judge does not believe that you or your children are in danger, you will not get an EPO. But the judge will set a date for a hearing. You can come back to court in a couple of weeks and tell your story. You may get the same judge. Or you may get a different judge.

Important! The Domestic Violence Clerk at the courthouse can check your form to make sure it is complete. But s/he cannot give you legal advice.

Probably. After you file your Petition, the court clerk will have a law enforcement officer serve (give) a copy to the abuser. The abuser has the right to know that you have asked for a protective order, and to go to a court hearing in about 2 weeks to decide your case.

You do not have to have a lawyer. In fact, most domestic violence cases do not have lawyers. When you go to court, the judge will ask you both questions. You just have to say what happened. But if the abuser has a lawyer, you may want to get one, too. A lawyer can also help you with custody, visitation, and other issues.

You have the right to have a support person with you at court. Ask the shelter or your County Attorney's Office if a victim advocate can be with you when you are at your hearing.

The victim advocate can also help you get ready for the hearing. S/he can answer your questions, and tell you what to expect. There will also be officers and other people in the courtroom who can protect you.

Important! If you are very afraid that the abuser may be violent when s/he goes to court, tell the court clerk before your hearing.

Exception: If the abuser is a police officer or in the military, s/he may be allowed to use firearms while at work.

If you ask for it, your DVO may order the abuser to move out, even if it is your marital residence. The judge may also make child support, visitation, and temporary custody orders for the children you have with the abuser.

A DVO also usually orders the abuser to go to anger management classes. It may order you to go to domestic violence victim counseling.

Can the other person and I agree to cancel the domestic violence order?

No. Only the court can change or cancel the domestic violence order. If you want to change or stop the order, you and the other person must go back to court. Tell the clerk you want to amend your domestic violence order. There will be a court hearing, and the judge will decide.

Will a domestic violence order protect me if I travel to another state?

Yes. The domestic violence order is valid in all U.S. states and territories, and on Indian lands.

If you move out of Kentucky, contact your new local police so they will know about the domestic violence order. If you want to move with your minor children, you may need permission from the court or the other parent. Talk to a lawyer.